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On System of Negligence Offset

Author: FuFeng
Tutor: PengChengXin
School: Jilin University
Course: Legal
Keywords: Tort Liability Contributory negligence Constituent elements Application of the law
CLC: D913
Type: Master's thesis
Year: 2008
Downloads: 190
Quote: 1
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Abstract


Negligence offset, it is to point to when the victim for the occurrence of damage or damage of the fault is expanding, mitigated or remitted according to law of the obligor to compensation liability for damages, and fair and reasonable distribution of damage to a kind of system. Not only applicable to negligence offset fault liability field, is also the modern tort law extended applied to the field of liability without fault. Negligence offset system in theoretical basis in the final analysis lies in the equity of the law and the spirit and the law of tort responsibility conceited principle. The components of the negligence offset there are four: the victim must have fault, the victim's behavior must be damage occurred or expand common cause, the victim's behavior must be improper behavior, the victim must have the ability to negligence offset. Practice is the negligence offset rules, the fault liability, shall be mainly according to the offender and the victim to determine the proportion of fault liability; In the liability without fault, the main basis of the tort party and the fault is the behavior of the cause of the damage occurred to force compared to determine the liability. Due to the application of the basic need to judge discretion, so the application of must be strictly in accordance with the components of the negligence offset to the principle of good faith and fair principle for the bottom line.

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